American Oil Co.

National Labor Relations Board - Board Decisions

Mar 15, 1957

117 N.L.R.B. 655 (N.L.R.B. 1957)

AMERICAN OIL COMPANY 655
On the basis of the foregoing findings of fact, and upon the entire record in the
case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. Stubnitz Greene Corporation is an employer within the meaning of Section
2 (2) of the Act.
2. District 50, Local No. 13366, United Mine Workers of America, and Inter-
national Union, United Automobile, Aircraft and Agricultural Implement Workers
of America, AFL-CIO, are labor organizations within the meaning of Section 2 (5)
of the Act.
3. By causing Stubnitz Greene Corporation to discriminate in regard to the tenure
,of employment of Laura Jastrzenski in violation of Section 8 (a) (3) of the Act, the
Respondent Union has engaged in and is engaging in unfair labor practices within
the meaning of Section 8 (b) (2) of the Act.
4. By restraining and coercing employees in the exercise of rights guaranteed by
Section 7 of the Act, the Respondent Union has engaged in and is engaging in unfair
labor practices within the meaning of Section 8 ('b) (1) (A) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
APPENDIX
NOTICE TO ALL MEMBERS OF DISTRICT 50, LOCAL No. 13366, UNITED MINE
WORKERS OF AMERICA, AND TO ALL EMPLOYEES OF STUBNITZ GREENE CORPORA-
TION, CHESTER, PENNSYLVANIA
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify you that:
WE WILL NOT cause or attempt to cause Stubnitz Greene Corporation, its
officers, agents, successors, or assigns, to discriminate against Laura Jastrzenski,
or any other employee in violation of Section 8 (a) (3) of the Act.
WE WILL NOT in any other manner restrain or coerce employees of said
Employer in the exercise of the rights guaranteed in Section 7 of the Act, except
to the extent that such rights may be affected by an agreement requiring mem-
bership in a labor organization as a condition of employment as authorized by
Section 8 (a) (3) of the Act.
WE WILL make Laura Jastrzenski whole for any loss of pay suffered by her
as a result of the discrimination against her.
WE WILL notify said Employer and Laura Jastrzenski that we have no
objection to her employment, with full rights and privileges.
DISTRICT 50, LOCAL No. 13366, UNITED
MINE WORKERS OF AMERICA,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for sixty .(60) days from the date hereof and
must not be altered, defaced, or covered by any other material.
American Oil Company and Oil, Chemical and Atomic Workers
International Union, AFL-CIO, Petitioner
American Oil Company and Local 251, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, AFL-CIO, Petitioner. Cases Was. 1-RC-4794 and
1-RC-41826. March 15, 1957
ORDER
On January 18, 1957, Oil, Chemical and Atomic Workers Inter-
national Union, AFL-CIO, filed a petition for certification of repre-
117 NLRB No. 101.
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sentatives in Case No. 1-RC-4794 for a unit of all employees of the
Employer, including truckdrivers. Thereafter, on February 4, 1957,
the Regional Director for the First Region approved a stipulation
for certification upon consent election entered into by the parties.
In accordance with the stipulation, an election was conducted by the
Regional Director on February 21, 1957. On March 4, 1957, the
Regional Director issued a certification of representatives to Oil,
Chemical and Atomic Workers International Union, AFL-CIO.
On February 15, 1957, Local 251, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America,
AFL-CIO, filed a petition for certification of representatives in Case
No. 1-RC-4826, seeking a unit of all truckdrivers, requested the right
to intervene in the petition filed in Case No. 1-RC-4794, and submitted
a timely showing of interest in support thereof. By letter dated Feb-
ruary 19, 1957, the Regional Director dismissed the petition filed in
Case No. 1-RC-4826, and on February 27, 1957, Local 251 filed an
appeal from the dismissal.
The Board having duly considered the matter,
IT IS HEREBY ORDERED that the certification of representatives issued
in Case No. 1-RC-4794 be, and it hereby is, revoked, and the election
held on February 21,1957, set aside.
IT IS FURTHER ORDERED that the Regional Director's dismissal of the
petition for certification of representatives in Case No. 1-RC-4826
be, and it hereby is, reversed; and the case is hereby remanded to the
Regional Director for further proceedings consistent with the fore-
going action.
By direction of the Board:
GEORGE A. LEE T,
Assistant Executive Secretary.
The Gemex Corporation and Local 50, International Jewelry
Workers Union , AFL-CIO, Petitioner . Case No. 2-RC-8427.
March 18,1957
DECISION AND CERTIFICATION OF RESULTS
OF ELECTION
Pursuant to a sipulation for certification upon consent election exe-
cuted October 19, 1956, an election by secret ballot was conducted on
December 11, 1956, among the employees in the stipulated unit, under
the direction and supervision of the Regional Director for the Second
Region. Following the election, the parties were furnished a tally
of ballots which showed that of approximately 400 eligible voters,
368 cast ballots, 180 cast votes for the Petitioner, 183 cast votes against
the Petitioner, 1 was void, and 4 were challenged. On December 14,
117 NLRB No. 100.